Cornelius, R v

Cornelius, R v

The representations in the Certificates of Title were not false as a matter of law; therefore, the appellant had no case to answer on the charges as framed, and the convictions for fraud and money laundering cannot stand.

Parties
Respondent: Regina; Appellant: Benjamin Jason Cornelius
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Criminal Appeal / Appeal From Conviction After Trial
Outcome
Convictions quashed; no retrial ordered; conviction for perverting the course of justice unaffected.
Legal Topics
Fraud, Money Laundering, Dishonesty, False Representation, Solicitors' Professional Conduct
Criminal Law Fraud Money Laundering Dishonesty False Representation Solicitors' Professional Conduct

Case Brief

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Parties

Regina

Respondent

Benjamin Jason Cornelius

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction After Trial

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a Ghosh direction on dishonesty
  2. 2 Whether the representations made in the Certificates of Title were false
  3. 3 Whether convictions for fraud and money laundering could be sustained

Ratio Decidendi

The representations in the Certificates of Title were not false as a matter of law; therefore, the appellant had no case to answer on the charges as framed, and the convictions for fraud and money laundering cannot stand.

Court Disposition

Convictions quashed; no retrial ordered; conviction for perverting the course of justice unaffected.

Orders

  • Convictions for fraud and money laundering quashed.
  • No order for retrial.